C14: OF RESIGNATION OF DIOCESAN BISHOPS

Canon: OF RESIGNATION OF DIOCESAN BISHOPS

Chapter: C14 MINISTERS OF THE CHURCH

Method of Resignation

1 (a) If a Diocesan Bishop shall desire to resign his See or to retire therefrom, whether immediately or from a certain future date (his decision thereon being irrevocable), he shall send his resignation to the Metropolitan in writing or, if he himself be Metropolitan, to the Dean of the Province. The Diocesan Bishops shall judge whether or not the resignation shall be accepted.
(b)The provisions of section l(a) of this Canon shall not apply when a Diocesan Bishop is elected as Bishop of another Diocese or so appointed by a delegation made in terms of section 13 of Canon 4 Of the Election of Bishops.

Mandate to be issued

Upon acceptance of the resignation as aforesaid, the Metropolitan (or in his absence the Dean of the Province) shall forthwith proceed in terms of section 9 of Canon 4 Of the Election of Bishops to issue his mandate. The Bishop tendering his resignation shall be ineligible from being a member of the Advisory Committee and the Elective Assembly then convened to consider the appointment of his successor.

Compulsory Resignation of Bishops

2 A Diocesan Bishop may, upon the representation to the Metropolitan of at least three Diocesan Bishops, be asked, or if necessary, required to resign his or her See, if after due consideration, and after giving the fullest opportunity to the Bishop concerned to state his or her views, with the Provincial Chancellor and Registrar (or failing either his or her Deputy ) present, it is the decided opinion of two-thirds of the Diocesan Bishops that such Bishop is no longer able to discharge adequately the duties of his office; provided �

(a) that no action shall be taken unless both the Chancellor and the Registrar (or Deputy as the case may be) concur that the decision in their opinion is correct in terms of the canon law and any other law or legal principle that may apply to the facts;

(b) that the Bishop shall cease to function as Bishop from the date of the decision of the Synod of Bishops and shall, conditional on proviso (c) below failing to identify another ministry, move himself and his or her household from any Diocesan accommodation within three months of the decision of the Synod of Bishops; and

(c) that the Synod of Bishops or the Metropolitan and Metropolitan�s Executive shall try to seek, in consultation with the Bishop concerned, another suitable stipendiary ministry within the Province within the three month period referred to in proviso (b).

(d)  However, if it appears to the Metropolitan, after consultation with the Metropolitan’s Executive, either before embarking on or during this process that the reason or one of the reasons for the need for the resignation is in fact related mainly or substantially to matters which could constitute a charge or accusation in terms of Canon 37.1, then in the absence of any charge under Canon 37.1, the Metropolitan in consultation with the Metropolitan’s Executive shall proceed in Terms of Canon 38, in respect of those matters and, in respect of any balance of issues that remain, may continue with the consideration of the Diocesan Bishop’s ability to discharge adequately the duties of his or her office.

Retirement of bishops

3 (a) A Diocesan Bishop shall, at the end of the month in which clerics attain the normal retirement age as defined in the Rules of the Provincial Pension Fund, resign from his or her See by tendering his or her resignation to the Metropolitan, which the Metropolitan must accept.

3 (b) If the Diocesan Bishop requests any extension of tenure, the Metropolitan, after consultation with the Metropolitan’s Executive, Diocesan Senate or Chapter, Diocesan Council (howsoever known) and the Diocesan Trusts Board and Finance Board (if separate), with the diocesan Bishop to recuse him or herself from all these consultations, may extend his or her tenure for a further period or periods not exceeding 12 months in each instance.

3 (c) (i) In the case of the Metropolitan, his or her resignation shall be tendered to the Synod of Bishops, which the Synod must accept.

3 (c)  (ii) If the Metropolitan requests an extension of tenure, the Synod may, after consultation with the Diocesan Standing Committee of the Diocese of Cape Town, the Metropolitan’s Executive members other than the Metropolitan and the Provincial Finance Board (the Metropolitan to recuse him or herself from all those consultations), extend the tenure for a further period or periods not exceeding 12 months in each instance.

3 (d) These provisions will not apply to Diocesan Bishops or the Metropolitan in office on 27 September 2016, to whom the provisions of Canon 14(3) as they were at that date shall apply.

Of Metropolitan

4 The functions assigned to the Metropolitan in the above section of this Canon shall, in the event of the Metropolitan coming under its provisions, be exercised by the Dean of the Province.